What was the outcome of Tenancy Tribunal case 5386122?

The tribunal order states: Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5386122?

Property Damage: $158.62 awarded to landlord; Rent Arrears: $5,445.00 awarded to landlord; Rubbish Removal: $952.91 awarded to landlord

What type of tenancy dispute was case 5386122?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5386122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13281478-Tenancy_Tribunal_Order.pdf.

What was the outcome of Tenancy Tribunal case 5386122?

The tribunal order states: Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities

How much money was awarded in case 5386122?

Property Damage: $158.62 awarded to landlord; Rent Arrears: $5,445.00 awarded to landlord; Rubbish Removal: $952.91 awarded to landlord

What type of tenancy dispute was case 5386122?

The primary dispute was Rent arrears. Related themes: Property damage.

Where can I read the official tribunal order for case 5386122?

The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13281478-Tenancy_Tribunal_Order.pdf.

65 Riddell Road, Glendowie, Auckland 1071 Tenancy Tribunal Case 5386122 — Rent arrears

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65 Riddell Road, Glendowie, Auckland 1071 Tenancy Tribunal Case 5386122 — Rent arrears | TenantCheck

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5386122 — net $6,556.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.23	$5,445.00	Rent arrears to 19.9.23
Repairs windows and holes	$158.62	Repairs windows and holes
Rubbish removal	$952.91	Rubbish removal
Net award	$6,556.53
Total payable by Tenant to Landlord	$6,556.53

Claims and awards for application 5386122 — net $6,556.53 NZD. Verify on MoJ.

Rent arrears to 19.9.23

Amount: $5,445.00
Awarded to: Landlord
Reason: Rent arrears to 19.9.23

Repairs windows and holes

Amount: $158.62
Awarded to: Landlord
Reason: Repairs windows and holes

Rubbish removal

Amount: $952.91
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $6,556.53

Total payable by Tenant to Landlord

Landlord $6,556.53

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities $6,556.53 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The landlord said the tenant was aware of the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. I consider the amount ordered above to be reasonable to remove the unwanted belongings and rubbish from the property.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied that the two large holes in the walls were deliberate. I accept the landlord’s evidence that they were put there by the tenant and I accept that the sum of $84.62 in total to repair both holes was a reasonable sum.
I also accept the landlord’s evidence that the tenant agreed to pay for a broken window during the tenancy, which cost $74 to replace.

Claims & awards

What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.

Claims and awards in Tenancy Tribunal application 5386122 — net $6,556.53 NZD. Amounts reconciled from the published order (claims sum and net total). Verify on MoJ.
Claim	Landlord	Reason
Rent arrears to 19.9.23	$5,445.00	Rent arrears to 19.9.23
Repairs windows and holes	$158.62	Repairs windows and holes
Rubbish removal	$952.91	Rubbish removal
Net award	$6,556.53
Total payable by Tenant to Landlord	$6,556.53

Claims and awards for application 5386122 — net $6,556.53 NZD. Verify on MoJ.

Rent arrears to 19.9.23

Amount: $5,445.00
Awarded to: Landlord
Reason: Rent arrears to 19.9.23

Repairs windows and holes

Amount: $158.62
Awarded to: Landlord
Reason: Repairs windows and holes

Rubbish removal

Amount: $952.91
Awarded to: Landlord
Reason: Rubbish removal

Net award

Landlord $6,556.53

Total payable by Tenant to Landlord

Landlord $6,556.53

Claim types — money lines allowed on this order

Property damage Rent arrears Rubbish Removal

Order

Laura Catherine Anne Petaia must pay Kāinga Ora–Homes And Communities $6,556.53 immediately, calculated as shown in table below.

Reasons

Only the landlord attended the hearing. The landlord said the tenant was aware of the hearing.
The landlord has applied for rent arrears and compensation following the end of the tenancy.

How much is owed for rent?

The landlord provided rent records which prove the amount owing at the end of the tenancy as ordered above.

Did the tenant comply with their obligations at the end of the tenancy?

At the end of the tenancy the tenant must leave the premises reasonably clean and tidy, remove all rubbish, return all keys and security devices, and leave all chattels provided for their benefit. See section 40(1)(e)(ii)-(v) Residential Tenancies Act 1986.
The tenant did not remove all rubbish. I consider the amount ordered above to be reasonable to remove the unwanted belongings and rubbish from the property.

Is the tenant responsible for the damage to the premises?

A landlord must prove that damage to the premises occurred during the tenancy and is more than fair wear and tear. If this is established, to avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage. Tenants are liable for the actions of people at the premises with their permission. See sections 40(2)(a), 41 and 49B RTA.
Tenants are liable for the cost of repairing damage that is intentional or which results from any activity at the premises that is an imprisonable offence. This applies to anything the tenant does and anything done by a person they are responsible for. See section 49B(1) RTA.
Damage is intentional where a person intends to cause damage and takes the necessary steps to achieve that purpose. Damage is also intentional where a person does something, or allows a situation to continue, knowing that damage is a certainty. See Guo v Korck [2019] NZHC 1541.
I am satisfied that the two large holes in the walls were deliberate. I accept the landlord’s evidence that they were put there by the tenant and I accept that the sum of $84.62 in total to repair both holes was a reasonable sum.
I also accept the landlord’s evidence that the tenant agreed to pay for a broken window during the tenancy, which cost $74 to replace.

Tenancy Tribunal case 5386122 — Rent arrears at 65 Riddell Road, Glendowie, Auckland 1071

At a glance

Tenancy Tribunal case 5386122 — Rent arrears at 65 Riddell Road, Glendowie, Auckland 1071

At a glance

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions

Award balance

Claims & awards

Order

Reasons

How much is owed for rent?

Did the tenant comply with their obligations at the end of the tenancy?

Is the tenant responsible for the damage to the premises?

Topics & place

Residential Tenancies Act sections

Key findings

Frequently asked questions